AMITBHAI ANILCHANDRA SHAH versus THE CENTRAL BUREAU OF INVESTIGATION & ANR.

AMITBHAI ANILCHANDRA SHAH versus THE CENTRAL BUREAU OF INVESTIGATION & ANR.

A second FIR and fresh charge-sheet for the same alleged occurrence and conspiracy involving Tulsiram Prajapati is impermissible under the Code of Criminal Procedure and violates Articles 14, 20, and 21 of the Constitution. The second FIR is quashed and the charge-sheet thereto is to be treated as a supplementary charge-sheet in the first FIR.

Parties
Petitioner: Amitbhai Anilchandra Shah; Respondent: Central Bureau of Investigation; Respondent: State of Gujarat & Ors.
Jurisdiction
India
Judgment Date
08 April 2013
Procedural Posture
Writ Petition (criminal) Under Article 32 of Constitution of India / Final Disposition Judgment and Order
Outcome
Petition allowed. Second FIR quashed; charge-sheet filed pursuant to second FIR to be treated as supplementary charge-sheet in first FIR.
Legal Topics
Second FIR, Investigation Under Cr PC, Fundamental Rights Under Article 14, 20, And 21, Supplementary Charge Sheet, Investigation Powers and Procedural Safeguards
Criminal Law Constitutional Law Second FIR Investigation Under Cr PC Fundamental Rights Under Article 14, 20, and 21 Supplementary Charge Sheet Investigation Powers and Procedural Safeguards

Case Brief

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Parties

Amitbhai Anilchandra Shah

Petitioner

Central Bureau of Investigation

Respondent

State of Gujarat & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 of Constitution of India / Final Disposition Judgment and Order

Legal Issues

  1. 1 Whether a second FIR can be registered in respect of same cognizable offence or same occurrence
  2. 2 Whether fresh investigation and charge-sheet on same facts are permissible
  3. 3 Whether filing a second FIR violates fundamental rights under Articles 14, 20, and 21 of the Constitution

Ratio Decidendi

A second FIR and fresh charge-sheet for the same alleged occurrence and conspiracy involving Tulsiram Prajapati is impermissible under the Code of Criminal Procedure and violates Articles 14, 20, and 21 of the Constitution. The second FIR is quashed and the charge-sheet thereto is to be treated as a supplementary charge-sheet in the first FIR.

Court Disposition

Petition allowed. Second FIR quashed; charge-sheet filed pursuant to second FIR to be treated as supplementary charge-sheet in first FIR.

Orders

  • The second FIR dated 29.04.2011 filed by the CBI is quashed.
  • Charge-sheet dated 04.09.2012 in pursuance of the second FIR to be treated as supplementary charge-sheet in the first FIR.